Terms of Service (TOS)
Hostmarket may modify any of the terms and conditions contained in this Agreement and the AUP, at any time at its sole discretion. Any modifications are effective upon posting of the revisions on the Hostmarket website (the “Site”). Your continued use of the services following Hostmarket’ posting of any modifications constitutes your acceptance of the modifications. If you do not agree to the terms of any modification, do not continue to use the services and immediately notify Hostmarket of your termination of this Agreement in the manner described in Section 1.1 below.
Term and Payment for Services
Term: This Agreement will be for a “Term” of 1 month from the date when the Services are first provided by Hostmarket. This agreement will be automatically renewed (the “Renewal Term”) at the end of the Initial Term or any Renewal Term for a period of (30) days unless you provide Hostmarket with written notice of termination at least 30 days before the end of the Initial Term or Renewal Term, whichever is then acceptable. To schedule your account for cancellation, please log in to my.hostmarket.io and select the “Cancellation Request” and submit a ticket under the category “Cancellation Request” from the menu. This will ensure that your account is processed for cancellation and will generate an email that will be sent to you regarding full details of your request, as well as the offline date of your server and/or web hosting package. We cannot be held responsible for continued invoicing if the above method is not followed.
During the first 14 days for Shared Hosting Accounts, the customer can cancel his hosting account and receive a full refund.
Termination of Service
This agreement may be terminated: (i) by you or Hostmarket during any renewal term, without cause, by giving the other party 30 days prior written notice; (ii) by Hostmarket in the event of nonpayment by you as provided in Section 1.4 below; and (iii) by Hostmarket, at any time, without notice, if, in their sole judgment, you are in violation of any Terms or Conditions of the AUP. If you terminate this Agreement, or if Hostmarket terminates this agreement for your breach, before the end of the Initial Term or the Renewal Term, whichever is then applicable, you will be required to pay, immediately, all fees and costs accrued before the termination date, all monthly recurring fees for each month remaining in the term and any other amounts you owe to Hostmarket under this Agreement.
Charges & Fees
You will pay all charges for your use of the Services at the then-current Hostmarket prices. You are responsible for paying all federal, state, and local sales, use, value-added, excise duty, and any other taxes assessed with respect to the Services, other than taxes based on Hostmarket’ net income.
Payment of Services
You will pay all charges for the first month of service in advance on the first day of the Initial Term. You will pay all subsequent charges for Services in advance or on the anniversary day of each month according to the then-current price for the Services. You must pay for the services by credit card unless otherwise agreed to prior. You authorize Hostmarket to charge your credit card or debit card to pay for any charges that may apply to your account. You must notify Hostmarket of any changes to your card account (including applicable account number, cancellation, or expiration of the account), your billing address, or any information that may prohibit Hostmarket from charging your account. Your failure to fully pay any fees and taxes within 72 hours from the applicable due date is a material breach of this Agreement, justifying Hostmarket to suspend its performance and terminate this Agreement. If Hostmarket terminates for your material breach, you will be required to pay immediately all fees and costs accrued before the termination date, all monthly recurring fees for each month remaining in the term, and any other amounts you owe to Hostmarket under this Agreement. You are responsible for any costs Hostmarket incurs in enforcing collection, including reasonable attorneys’ fees, court costs, and collection agency fees. To reinstate Services, you must pay for 3 months of Service in advance on the first day such Services are reinstated and any fees associated with reinstating Services.
Requirements for Using Microsoft Software
Subscribers are prohibited from allowing more than five (5) authenticated users of the Microsoft Windows Server Operating Systems under Microsoft licensing terms, and could create liability issues with Microsoft if violated.
Refunds and Disputes
All payments to Hostmarket are non-refundable. This includes any applicable setup fees and subsequent charges, regardless of usage. All overages or billing disputes must be reported within 60 days of the time the dispute occurred. If you dispute a charge to your credit card issuer that, in Hostmarket’ sole discretion is a valid charge under the provisions of this Agreement and/or the AUP, you agree to pay Hostmarket an “Investigation Fee” of $100.00 USD.
Use of Services
The Acceptable Use Policy (“AUP”) governs the general policies and procedures for use of the Services. The AUP is posted on the Site (or such other locations as Hostmarket may specify) and may be updated from time to time. BY USING THE SERVICES, YOU AGREE TO BE BOUND BY THE TERMS OF THE AUP AND ANY MODIFICATIONS TO THE TERMS. Hostmarket MAY TERMINATE YOUR ACCOUNT WITHOUT NOTICE FOR ANY VIOLATION OF THE AUP OR THIS AGREEMENT.
Domain Name Registrations
Upon registering your domain name, you are bound by the terms of the registration service’s then-current domain name policy and the policies of the national DNS registration authorities. Hostmarket will not refund any fees you paid with respect to the registration of a domain name you are unable to use. All new web hosting accounts involving new domains will be set up and entered into our DNS servers within 3 to 5 business days. Due to unforeseen complications, however, this process may sometimes require up to 7 business days. If the new domain is registered by you, there will be no handling fee. If the domain is registered by Hostmarket on your behalf, a handling fee will be incurred. New web hosting accounts which involve the transfer of a domain from another provider to Hostmarket will require a minimum of seven (7) days to be set up and entered into our DNS servers. In some cases, such transfers may take up to sixty (60) days. Due to the unpredictable nature of the transfer process, no guarantees are made regarding the amount of time a specific transfer may take. If the transfer of the domain is done by Hostmarket on your behalf, a handling fee will be incurred. If you cancel service during the transfer period for any reason, all charges are considered earned.
Security of Our Computer Systems
You are solely responsible for any security breaches affecting servers or accounts under your control. If your site is responsible for or involved in an attack on or unauthorized access into another server or system, Hostmarket will shut it down immediately. You will pay any charges resulting from the cost to correct security breaches affecting Hostmarket or any of its other customers. For Self Managed, Semi-Managed, and Fully Managed Servers, you are solely responsible for any security affecting servers or accounts under your control. If your server is responsible for an attack or unauthorized access into another server or system, Hostmarket will shut it down immediately.
Intellectual Property Rights
Your Warranties and Representations to Hostmarket. You warrant, represent, and covenant Hostmarket so that: (a) you are at least 18 years of age if an individual, (b) you possess the legal right and ability to enter this agreement, (c) you will use the Services only for lawful purposes and in accordance with this Agreement and all applicable policies and guidelines, including the AUP, and (d) your content does not and will not infringe or violate any right of any third party (including any intellectual property rights), or violate any applicable law, regulation, or ordinance.
Hostmarket will maintain and control ownership of all Internet Protocol (“IP”) numbers through its partnerships and addresses that Hostmarket may assign to you. Hostmarket may, in its sole discretion, change or remove any and all IP numbers and addresses.
Hostmarket may provide you access to other third-party software and/or services (“Third Party Products”) through reseller relationships Hostmarket has established with certain commercial vendors, including without limitation Microsoft Corporation (“Third Party Vendors”). Unless otherwise notified, the Customer understands that the product support for Third Party Products is provided by Hostmarket and not by the Third Party Vendor. Neither Hostmarket nor any Third Party Vendor makes any representations or warranties, expressed or implied, regarding any Third Party Products. CUSTOMER EXPRESSLY ACKNOWLEDGES AND AGREES THAT USE OF THIRD-PARTY PRODUCTS IS AT THE CUSTOMER’S SOLE RISK AND SUCH THIRD-PARTY PRODUCTS ARE PROVIDED “AS IS” AND WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND FROM Hostmarket OR ANY THIRD PARTY VENDOR, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, LACK OF VIRUSES, ACCURACY OR COMPLETENESS OF RESPONSES OR RESULTS, CORRESPONDENCE TO DESCRIPTION, OR NON-INFRINGEMENT OF THIRD-PARTY VENDOR, AND WILL BE LEGALLY RESPONSIBILITY FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT OR CONSEQUENTIAL, ARISING FROM THE USE OR INABILITY TO USE ANY THIRD PARTY PRODUCT. CUSTOMER AGREES TO OBSERVE THE TERMS OF ANY LICENSE AND/OR APPLICABLE END USER SUBSCRIBER AGREEMENT FOR THIRD PARTY PRODUCTS AND THAT CUSTOMER SHALL BE FULLY LIABLE TO THIRD PARTY VENDORS AND Hostmarket WITH RESPECT TO ANY IMPROPER USE OF SUCH THIRD PARTY PRODUCTS OR VIOLATION OF LICENSE AGREEMENTS WITH THEM AND/OR APPLICABLE END USER SUBSCRIBER AGREEMENTS.
You shall not (i) remove, modify, or obscure any copyright, trademark, or other proprietary rights notices that appear on any Third Party Product or that appear during the use of any Third Party Product; or (ii) reverse engineer, decompile, or disassemble any third-party product, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
Hostmarket reserves the right to suspend or terminate the Service immediately or take any other corrective action it deems appropriate in its sole discretion if in the sole judgment of Hostmarket chooses. If inappropriate activity is detected, all of your accounts in question will be deactivated until an investigation is complete. Prior notification to you is not assured. In some cases, law enforcement will be contacted regarding the activity. These rights of action, however, do not obligate Hostmarket to monitor or exert editorial control over the information made available for distribution via the Services. If Hostmarket takes corrective action because of a possible violation, Hostmarket will not refund you any fees you paid in advance of the corrective action.
The AUP specifically prohibits the use of our service for illegal activities. Therefore, you agree that Hostmarket may disclose any and all of your information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to you. In addition, Hostmarket shall have the right to terminate all services set forth in this Agreement.
Hostmarket exercises no control over and accepts no responsibility for, the content of the information passing through Hostmarket’ host computers, network hubs and points of presence, or the Internet. USE OF THE SERVICES OR ANY INFORMATION THAT MAY BE OBTAINED THERE IS AT YOUR OWN RISK. ALL SERVICES PERFORMED UNDER THIS AGREEMENT ARE PERFORMED “AS IS” AND WITHOUT WARRANTY AGAINST FAILURE OF PERFORMANCE INCLUDING, ANY FAILURE BECAUSE OF COMPUTER HARDWARE OR COMMUNICATION SYSTEMS. Hostmarket DOES NOT MAKE AND DISCLAIMS, AND YOU WAIVE ALL RELIANCE ON ANY REPRESENTATIONS OR WARRANTIES ARISING BY LAW OR OTHERWISE, REGARDING THE SERVICES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ARISING FROM THE COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE IN TRADE. Hostmarket DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.
Limitation and Exclusion of Liability
IN NO EVENT WILL Hostmarket, OR ITS SUPPLIERS, HAVE ANY LIABILITY FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT, OR DESTRUCTION OF INFORMATION DISTRIBUTED OR MADE AVAILABLE FOR DISTRIBUTION VIA THE SERVICES THROUGH ACCIDENT, FRAUDULENT MEANS, OR DEVICES. NEITHER Hostmarket NOR ITS SUPPLIERS WILL HAVE LIABILITY WITH RESPECT TO Hostmarket’ OBLIGATIONS UNDER THIS AGREEMENT, OR OTHERWISE FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES, EVEN IF Hostmarket HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES. THE LIABILITY OF Hostmarket AND ITS SUPPLIERS TO YOU FOR ANY REASON AND UPON ANY CAUSE OF ACTION IS LIMITED TO THE AMOUNT YOU ACTUALLY PAID TO Hostmarket UNDER THIS AGREEMENT DURING THE 3 MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE CLAIM ACCRUED. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS. THE FEES FOR THE SERVICES SET BY Hostmarket UNDER THIS AGREEMENT HAVE BEEN AND WILL CONTINUE TO BE BASED UPON THIS ALLOCATION OF RISK. ACCORDINGLY, YOU RELEASE Hostmarket AND ITS SUPPLIERS FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIMS IN EXCESS OF THE LIMITATION STATED IN THIS SECTION 6.1.
Interruption of Service
Hostmarket and its suppliers are not liable for any temporary delay, outages, or interruption of the Services. Further, Hostmarket is not liable for any delay or failure to perform its obligations under this Agreement, where the delay or failure results from any act of God or other cause beyond its reasonable control (including, any mechanical, electronic, communication, or third-party supplier failure).
In agreeing to the Hostmarket AUP and this Agreement, you agree to indemnify, defend and hold harmless Hostmarket, its employees, directors, partners, representatives, and affiliates for any violation by you or your customers of the AUP or this Agreement that results either in loss to Hostmarket or the bringing of any claim against Hostmarket by any third-party. For example, if Hostmarket is sued because of you or your customer’s activity related to the Services, you will pay any damages awarded against Hostmarket, its employees, directors, partners, representatives, and affiliates, plus all costs and attorney’s fees.
Hostmarket and you agree that, except as otherwise expressly provided in this Agreement, the Order Form(s) or the terms and conditions of use of any third-party software products, there shall be no third-party beneficiaries to this Agreement, including, but not limited, to the insurance providers for either party or your customers. THIS AGREEMENT IS MADE UNDER AND WILL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE Province of Ontario (EXCEPT THAT BODY OF LAW CONTROLLING CONFLICTS OF LAW) AND SPECIFICALLY EXCLUDING FROM APPLICATION TO THIS AGREEMENT THAT LAW KNOWN AS THE UNITED NATIONS CONVENTION ON THE INTERNATIONAL SALE OF GOODS. EXCLUSIVE VENUE FOR ALL DISPUTES ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL BE THE PROVINCE AND FEDERAL COURTS IN Ontario, CANADA, AND EACH PARTY IRREVOCABLY CONSENTS TO SUCH PERSONAL JURISDICTION AND WAIVES ALL OBJECTIONS THERETO. In the event any provision of this Agreement is held by a tribunal of competent jurisdiction to be contrary to the law, the remaining provisions of this Agreement will remain in full force and effect. The waiver of any breach or default of this Agreement will not constitute a waiver of any subsequent breach or default, and will not act to amend or negate the rights of the waiving party. You may not sell, assign, or transfer its rights or delegate its duties under this Agreement either in whole or in part without the prior written consent of Hostmarket, and any attempted assignment or delegation without such consent will be void. Hostmarket may assign this Agreement in whole or part. Hostmarket also may delegate the performance of certain Services to third parties. All notices, demands, requests, or other communications required or permitted under this Agreement shall be deemed given when delivered personally, sent by facsimile upon confirmation, sent and received by return receipt email, or upon receipt of delivery of overnight mail. You and Hostmarket are independent contractors and this Agreement will not establish any relationship of partnership, joint venture, employment, franchise, or agency between you and Hostmarket. This Agreement, including all documents incorporated herein by reference, constitutes the complete and exclusive agreement between the parties with respect to the subject matter hereof, and supersedes and replaces any and all prior or contemporaneous discussions, negotiations, understandings and agreements, written and oral, regarding such subject matter.
All provisions of this Agreement relating to your warranties, intellectual property rights, limitation and exclusion of liability, your indemnification obligations, and payment obligations will survive the termination or expiration of the Agreement.